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friend, and i like him a lot, but if he's asking us to ar understanding of the due process of law that has established us as a unique light among the darkness in this world, then i have to think through that very carefully. yes, i want to be able to question these guys. no, i don't want them to get all lawyered-up. but at the same time we're a country of laws. i do want our country to acknowledge terrorism when it's obvious terrorism. for example, i want us to say, fort hood, that was terrorism. little rock, the shooting of the soldier outside the recruiting office, let's be honest, let's say that's terrorism. the question is, do we suspend the normal due processes of law, whether it's to these guys, or to you or to me, and to designate somebody as an enemy combatant? that's a tougher one. in fact, it's tough enough that probably the smart thing to do is to bring judge andrew napolitano on board. i know he's got his view of senator lindsey graham's comments. i welcome judge napolitano, senior judicial analyst for fox news. judge, do we designate this guy enemy combatant or treat h
are now considering, will tend to improve or enhance your ability to enforce the laws? >> it is real difficult for us to say at this point because we are like everybody else. we are struggling to read through this monster and reference back and forth. you, iuite honest with know there are some improvements in here, but i have not seen a lot of them. i am confused by some of these things with regards to three misdemeanors and the standards, the crimes involving purple to did we have now. it should be a misdemeanor, one within five years. how does that make sense with these three misdemeanors? what are significant misdemeanors? this is not a legal term we are significant -- we are familiar with. it is something we struggle with already. this makes a lot more questions than i think it provides answers. it will take a lot of digging through this. i have seen some things with regard to getting affiliation. we areeral concept, about that. but a finer stand correctly, it says things like if the person says i am no longer a part of the gained comment -- again, they get to have this probation
, and it should likely be a death penalty case under federal law. i believe that the federal confidence in doing this at this time is extraordinary. >> cenk: all right, beth what are your thoughts here? any reason to call him an enemy combatant, are you in favor or opposed to it. >> well, it's not my opinion it's the law. he's not an enemy combatant. he's captureed on american soil. it has to be shown that he was in control or in concert with an foreign enemy. in this case it didn't meet that standard, so the law took care of itself. >> cenk: that's true. they called jose pedea made up how he was a dirty bomber and then later when they were forced to go to trial they said, yeah, well, turns out he wasn't a dirty bomber, but he was doing other things not related to us, but still terror, and he's in jail now but isn't that the problem, kevin, when you trust people to the government to just label the people enemy combatant correctly, that's not again the american system. >> in that case he was actually in a military prison and was actually transferred to a miami federal prison. you're right jay car
congratulations on behalf of the extraordinary team of law enforcement folks who have done this the right way, by building from facts up to a theory rather than from a theory out. >> governor, the "boston globe" says it all had had this morning for boston. edging toward not normal, but there is still a lot of concern. based on what you know, has the threat pass ed? >> i think we think so. there are a lot of leads that law enforcement is still pursuing, the fbi and the atf, the state police and local police as well. there are a lot of questions that all of us have and that law enforcement have yet to answer for us including questions direct directly to the suspect, but there isn't any basis for concern about another imminent threat. >> let me ask you some particulars about the surviving suspect, dzhokhar tsarnaev, who is now in the hospital. appare apparently he has a wound to the throat. did he try to commit suicide? >> i don't know the answer to that. >> do you know when doctors are saying he might actually be able to communicate? is there a real question about whether he'll be able to speak
will not be treated as an enemy comment bat tant. >> shepard: some republicans say the u.s. should use the law of war. >> you don't want to turn over intelligence gathering to it a criminal defense lawyer and the terrorist. >> shepard: investigators say they want to question the older brother's widow. one friend calls her an all-american girl and accuses her husband of brainwashing her. >> shepard: plus friends and family say goodbye to the girl with a heart of gold. and one week later the nation stops to remember. >> shepard: and good evening from fox news, one week later, the feds have charged the suspect in the boston marathon bombings with using a weapon of mass destruction. charge that could get him death. officials say prosecutors and a judge went to the suspect's hospital room today to formally charge him with the attacks that killed three people and wounded close to 200 others. according to the criminal complaint here. surveillance videos shows the 19-year-old on the cell phone before that first blast. goat, a few seconds after he finishes the call, the large crowd of people around him can be
. that got law enforcement zeroing on the two brothers. bill: mike, we're trying to piece this together as best we can but what can you tell us about the reports that the fbi is questioning him today from his hospital bed? >> reporter: all of that goes back to a "usa today" report citing anonymous sources. the sourcing is not as tight as i would like but certainly a significant development. we know he has been sedated. he has a injury to his neck or jaw, a bullet wound to his neck or jaw that prevented him from communicating. 9 report says he was roused back to consciousness and providing things in writing and providing substantive answers to questions. we know from the information he is providing that indicates there is not a larger network and not a second wave of bombings to be feared, bill. bill: mike, thank you. we'll be back with you when there are more headlines from boston. mike leading our coverage there martha. martha: we are hearing the police chatter when police first spotted dzhokhar tsarnaev hiding in that covered boat. massachusetts state police released the stunning infr
. it all goes back to "usa today" report citing anonymous law enforcement source but if the information hashings out it is certainly significant, the fact he is able to communicate with investigators by writing. he can't speak because as you mentioned there is a gunshot wound either to the neck or jaw or both but he is able to write according to this report and the answers providing to questions are described as substantive. what know from the information the answers he is providing indicates there is not a larger network. there is not a second wave planned or a wave people should be fearful of connected to him. again the information, the sourcing on the information just doesn't give me a whole lot of confidence, jenna. jenna: we'll take that interest consideration, mike as you've been on the ground there for the past several days. we see the flowers behind you and tell us where you are and when will the area around the blast site be reopened to the public? >> reporter: this is copley scare and you see another makeshift emmoral. so sadly these at that are common building up behind us. t
a lot of questions in my mind and, as i say, more 30 the point of law in the minds of law enforcement as well. those are the kinds of leads that still have to be pursued and run to ground. >> is there anything on the videotape that maybe the public hasn't seen about his reaction that was particularly telling that moved the investigation along? >> well, the videotape is not something i've seen. it's been described to me in my briefing, but it does seem to be pretty clear that this suspect took the backpack off, put it down, did not react when the first explosion went off, and then moved away from the backpack in time for the second explosion. so pretty clear about his involvement and pretty chilling, frankly, as it was described to me. >> governor, as a former constituent department official, do you have a view of whether he should be part of the criminal justice system, as someone who is tried in court, or should he be treated as a terrorist, as an enemy combatant? that debate is only beginning now here in washington. >> well, that's the attorney general's call, and i have to respect
. they worked with canadian intelligence and u.s. national security and law enforcement officers to interrupt this alleged plot in an 8 month investigation code named project smooth. they said the plot was detected early on and neither american nor canadian citizens faced any imminent threat as a result. u.s. officials told fox news the defendants' objective was to blow up a bridge in the tore torrent area tornted while the plane was traveling over it mounted police told reporters today that they took steps to advance the plot including allegedly conducting own surveillance of trains in the greater torrent area. tornt area. >> the individuals -- >> now i can tell that you there is no information to indicate that these attacks were state-sponsored. >> the arrest took place in montreal and toronto this afternoon. search warrants were he can executed late today. beyond the fact that neither man is a canadian citizen the nationalities were not disclosed. however, a word press account established by one of them and taken off line listed him as to your knowledge born engineer trained in industrial
authorities. and to that featful day, for many the question was not theology, it was the law. >> we know this man was stockpiling weapons. >> reporter: they began surveillance and planted an undercover agent inside the group. armed with search and arrest warrants, agents decided to move in and take koresh but word had leaked out and made its way back to the compound. the branch devidians were waiting. it's not clear who fired first. >> we were half way into the location when they opened fire on us. >> they started firing at me. and so what happened was is that i fell back in the door and the bullets started coming through the door. some of the men started firing on them. then i started hollering, i was saying go away, there's women and children here, let's talk. >> the door was slammed on our face and we were immediately met by gunfire from numerous places. >> reporter: the gun battle that followed was chaotic and deadly. the fiercest fuselage continued without let up for 45 minutes. >> we were standing, we were having bullets were ricochets around us. a couple of feet from your own feet
-off from the local community to law enforcement. so we have focused so much on specific ethnic groups since 9/11 in terms of potential threats. maybe we need to open the aperture a little bit. not because the communities pose a threat to the united states but because there are individuals we need to pay attention to. >> when you talk about other groups, not al qaeda but other overseas groups that you might want to investigate. other people in the new york times are saying there might have been other parts to this attack. there is a significant arsenal assembled by these guys. are you comfortable this is a two-person plot or that there may have been some other people we haven't yet seen who are advising or perhaps even funding part of this? >> i think there is no doubt that because of the seven or eight ieds that they've discovered since the capture of tsarnaev, they were planning additional attacks. the question is what were they and what would they be? >> my guess and this is a semieducated guest. we'll find other people who were tangentially involved. unwitting accomplices, providing logi
system of justice. under u.s. law, the united states citizens cannot be tried in military commissions, and it is important to remember that since 9/11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> dzhokhar tsarnaev and his brother originally born in kyrgyzstan charged. tamerlan tsarnaev is dead after a shootout with police, dzhokhar has a gunshot wound to his neck after police apprehended him friday night. a source with firsthand knowledge of the investigation tells cnn that dzhokhar tar neve is on a breathing ventilator and heavily sedated. as we talk about the suspects' future, we cannot forget about those who lost their lives. let's take time to recall them, chris tell krystle campbell, 8-year-old martin richard whose mom and sister were greefsly wounded and 23 year ode linzie lu a boston university graduate student from china. and then of course m.i.t. officer gunned down, 26-year-old sean collier. we're told vice president biden will attend a memorial service for him on wednesday. as we mentioned, dzhokhar tsarnaev won't be charged as
surveillance by law enforcement officers. as you mentioned he was intubated and sedated with serious injuries. as the investigation continues the focus today is on what charges he will face and when. one week after two deadly bombs exploded in downtown boston, killing three and injuring 183 people, the only surviving suspect remains in serious condition at beth israel deaconess medical center. as federal prosecutors prepare to bring charges against him, law enforcement sources say dzhokhar tsarnaev is unable to talk after a gunshot wound to the neck. exactly when he suffered this injury is still unknown. >> this is a very complex investigation, and it's hard to say exactly how he received that injury. there was certainly a shoot-out in watertown. there were explosives thrown. so that's being looked into right now. it's hard to say exactly how it occurred. >> reporter: we're learning more about the tense moments right before tsarnaev's arrest. this aerial video shows infrared images of him hiding out on a boat in the backyard of a home in watertown. according to a law enforcement source close
under u.s. law. the united states citizens cannot be tried in military commissions and it is important to remember that since 9/11, we have used the federal court system to convict and incarcerate hundreds of terrorists. >> nbc news justice correspondent pete williams is live with us right now. i know you've been reviewing these charges. what's the latest on what you've uncovered? >> it is a fairly interesting sequence of things that the government cites here as evidence. first of all they say that there was a surveillance tape that shows what apparently is the second suspect, dzhokhar tsarnaev, the man in the hospital, placing the bomb at the second bombing. this is unrelated picture to what i'm talking about now. but this is the person we're talking about. but the surveillance tape was taken at the scene of the second bombing. you may recall that there was a restaurant there called the foreign restaurant. they say a surveillance camera there shows him walking up to the restaurant with his backpack on. that he takes a cell phone off, seems to be using it for a while, then seems to be
which is apparently a flash bang used to disorient the suspect. >>> and u.s. law enforcement officials now say that russian intelligence officials alerted the fbi in 2011 that tamerlan was a physical lower of radical islam. >> the ball was dropped in one of two ways the fbi missed a lot of things is one potential answer or our laws do not allow the fbi to follow us in a sound solid way. >> reporter: the fbi says in the summer of 2011 it interviewed tamerlan and his relatives and did not find any foreign terrorist activity. >>> a statement was released. it reads in part that the caucasian mudin is not related to attacks on the u.s., they are in the war for russia it says. >>> and the suspect's father says that fbi agents called him to say that he was under suspicion. his mother says that tamerlan said if you need me you will find me. hours later he was killed following a shoot out with police. and late tonight the fbi disputeed the mother's claim saying the last contact they had with tamerlan was in 2011. >>> now as the legal process begins to unfold, the 19-year- old suspect should be
law of war or whether he should be turned over to the civilian criminal justice system immediately. should the ballston bomber be designated as an enemy combatants? give us a call. -- the boston bomber. a very good monday morning to you. we want to take you to the statement that was released over the weekend by three senators and one republican congressman. senator john mccain, senator instagram, senator kelly ayotte, and congressman king. they say the man should be treated as an enemy combatants. so we will take you through that debate that took place on a lot of the sunday shows today and which is on the front page of several newspapers today. here is the front page of the washington times. they're right that this issue is more politically contentious. ma auehe sunday mohows that the white house could lose the honorable intelligence if it mishandles the suspect poses questioning. the debate over the suspect plutayed o on the sunday morning shows. here's another story in the washington post about the status of the case. we will start with lindsey graham, the republican senator fro
's workdays. a terminally ill mother admits she is breaking the law but says it is the only way as she speaks out in favor of changing medical marijuana laws. >> nobody should have to lose any part of their life to their illness. they should fight every second. >> jeff: an marathon runners in london paying tribute to boston, kelly cobiella is at the finish line. >> this is the "cbs evening news". >> jeff: good evening, everyone. i'm jeff glor. nearly a week after the boston marathon bombings we are getting a better picture tonight of the final confrontation and of the investigation's course. here is the latest. suspect dzhokhar tsarnaev is now listed in critical but stable condition, unable to speak. 53 bombing victims remain in the hospital, including four people critically injured, terrell brown in boston and begins our coverage. >> reporter: in this newly released police helicopter video you can see the final minutes of friday's day long pursuit of zokar tsarnaev, his body highlighted by thermal heat imaging. soon after police surrounded him hiding in a boat in a watertown resident's back
on this investigation, we are joined by brandi hitt in boston. good morning. >> reporter: good morning. law enforcement officials tell abc news that the terror suspect dzhokhar tsarnaev is awake being questioned by authorities about possible accomplices. with the throat injury, though he is having to write down these responses, one week after the terror attack. law enforcement sources tell abc news terror suspect, dzhokhar tsarnaev is awake in a boston hospital. and being questioned about possible accomplices and unexploded bombs. the 19-year-old is responding in writing, due to a serious throat injury. authorities say may have ctlf. >> they had other bombs. they had other explosives. they were probably planning to do something else. >> reporter: this is the first moment an elite federal interrogation team has spoken to tsarnaev since friday's dramatic end to the manhunt. new video shows him hiding in a boat as stun grenades exploded leading to capture. tsarnaev's older brother, tamerlan was killed in a police shootout and investigators are looking into his trip to russia which has become a hotbed of i
. anderson. >> all right. don. appreciate that. bottom line there, he's communicating with law enforcement personnel via writing. we are getting new information about the wounded suspect. let's go to deborah. >> hi. i'm being told by sources being briefed on the investigation that the 19-year-old suspect is on a ventilator and heavily sedated. every several hours in the care of doctors, an interview team goes into the room to ask the suspect questions. now these questions are pretty much focused, according to my source, on public safety. for example, are there any other bombs? are there any other bomb stashes? are is there any other weapons? he has been been on a ventilator and he is restrained in part because they don't want him to rip the tube out of his throat. we've been hearing law enforcement has been communicating in writing, but what we do know is he is nodding. the responses he is giving are being given by nodding. there appears to be some sort of wound to his leg. it appears due to blood loss. he did have a wound to the back of his neck. it is not clear how that wound was inflict
senior legal analyst jeffrey toobin as well as litigator and author and harvard law professor alan dirs witsz. with a wounded, sedated and restrained and unmirandized terror suspect. professor, that has to raise just inord nant number of questions. what are your thoughts? >> as soon as a lawyer is appointed the law might begin to challenge that. you may say what's the harm, they have a videotape of him putting the bomb down, they have a statement he made or his co-defendant, his brother, made to the people who hijacked. but it may make a lot of difference. because in order to get the death penalty, they have to prove that he comes within the federal terrorism statute. and that requires very specific kinds of intentions behind the bombing. and if they get the evidence of those intentions during this interrogation even if it's by a nod or something handwritten, the federal court in boston which comprised of a lot of very good judges who really, really operate by the letter of the law may well exclude those statements made without a miranda warning or made while he's not really competent b
be illegal, anyway, he's an american citizen. the law bars trying american citizens in military tribunals, but you know, i think this is to some extent moot. a, because the administration has decided how they're going to proceed, its going to be in civilian court. and b, the limited nature of the interrogation at this point because of his condition. >> have authorities interviewed katherine russell? tamerlan's wife? we know we've seen her, she's gone back to the cambridge house briefly to apparently get some mail and other things. she is believed to be with her parents in rhode island. are they interviewed her to know how much she knew about his radicalization? >> they will. they very much want to. they want to talk to every member of the family. they want it talk to all his friends. they want to know not just the answer to that question, but fill in as many pieces of the puzzle as they can. what were they up to in the months leading up to the bombing, what did they do afterwards, did they talk about plans? were they in touch with other people? the quick answer to your question is we don'
through our civilian system of justice. under u.s. law the united states citizens can not be tried in military commissions. and it is important to remember that since 9/11, we have used the federal court system to convict and incarcerate hundreds of terrorists. >> tsarnaev now lies under armed guard unable to speak due to what may be a self-inflicted gunshot wound in his neck. authorities continue to question him, relying on written answers at this point. but his answers may be somewhat less important in his prosecution given the volume of evidence in the federal complaint, including description of video after the first explosion. "bomber two virtually alone among the individuals in front of the restaurant appears calm. he glances to the east and then calmly, but rapidly, begins moving to the west. away from the direction of the finish line. he walks away without his knapsack. having left it on the ground where he'd been standing. approximately ten seconds later, an explosion occurs." the complaint also contains details from the carjacking victim who says one of the suspects said t
theory? >> well, i think it's out there. i think it's something of a society and certainly the law enforcement and the intelligence community, they clearly know that this is not a hoax. this is not something that somebody is coming up and developing and so forth. those organizations and the type of organizations that are really fertilizing terrorist activities, it's real. and it's real for the united states. i think we've gotten a piece of that here in the last few weeks here, based on the activities that we've taken place there. if you talk to many of the law enforcement people and so forth, they will look back and say, "this had to be an operation by these two young men that was planned and it was worked over years, not over just a few weeks or so, over months and over years that they have been there". >> chief shaffer, a lot of people are saying this, there are 100 agents or more looking for this cell. these two guys couldn't have done it. they are amateurs, what is your take on this? are we going to wake up and find out there was a much bicker conspiracy. >> if you look at what
's under sedation. he's intubated. he is in serious condition at beth israel hospital. a law enforcement official with knowledge of the investigation told our susan candiotti earlier that he had been shot in the neck. it is not clear if that gunshot wound came in the thursday night to friday morning shootout he was involved in with his brother or during the friday evening takedown when he was finally captured, but those are some of the reasons that maybe they could not level charges against him, formal charges against him tonight. that could come in the coming days, don. >> so talk about the bombs, brian. you've learned something about where they came from? >>. >> reporter: that's right. our susan candiotti has spoken with a law enforcement official familiar with the investigation. he says the thinking now is the bomb components were bought by the suspects locally, somewhere here in the boston area. that, of course, is going to be the subject of an intense part of this investigation, where they got the bomb components, how they put together the bombs allegedly and just kind of tracing al
be appropriate under federal law in this case. >> big debates just getting going. >> is. and it will go on for a long time. the court case will drag on with people second guessing judgments made. >>> a deadly effort quake has hit southwestern china we keep our gaze on boston but we are also looking to china where saturday violent shaking woke up its people. the death toll is climbing in a region familiar with the deadly earthquakes. çñ >>> this is live coverage of the aftermat aftermath. >> we'll have more from boston in a few minutes, we want to trache you to other parts of the world and other headlines we're watching. by the end of sunday, local activists say the bodies of 566 people killed over the preceding six-day period were found across syria. 566 bodies. we warn you the images you're about to see are disturbing. at least 450 victims were said to have been found in a damascus suburb. cnn cannot independently verify the images or the information we're bringing you from inside syria. >>> we turn our attention to china. the death toll is climbing after a powerful earthquake struck
and this is "way too early," the show that tips our cap to law enforcement and we mark one week since the marathon bombings. monday, april 22nd. >>> the boston bombings impact on the immigration debate as lawmakers move forward with legislation. could the fact that the suspects are foreigners change the focus of the discussion and the impact of the sequester? planning to fly sometime soony why the faa says today is the first day travelers will really feel the effects. >>> we'll get to the latest on the boston investigation in a moment. >>> first developing news overnight in washington state. at least five people were killed by gunfire at an apartment building in a suburb south of seattle. among the dead a suspect who was shot by police officers on the scene. another two bodies found in the parking lot and two more bodies were found inside the building. we'll bring you the updates on this latest gun tragedy as we get them. >>> bells will ring at 2:50 to mark one week since the deadly marathon bombings struck and according to investigators the lone surviving suspect, dzhokhar tsarnaev, is responding
about the zoning laws in texas? >> stephanie: lack of government regulation! they had like a zillion times more -- than you're allowed to have and how many feet from a school! >> a school and a nursing home! that shouldn't happen! >> stephanie: i can't remember the number. i'll get to it. hello! that's rand paul's libertarian pair dice. fertilizer plant with however many tons you want. >> near an active fault zone. >> stephanie: hmm? anyway so obviously lots of breaking news left and right. you were saying the latest i guess is that the -- dzhokhar. i feel like i'm in the cone head sketch. dzhokhar. he is responding to written questions. he's not talking yet. >> he has a wound in their neck. they're not sure if it was self-inflicted. a tube down his neck but he can write. so he is answering questions. >> stephanie: so no word about what we're finding out or not so far. but anyway, so far from dzhokhar. sorry. i'm a little punchy from last week. >> that was a help of a news newsweek. >> like the onion said, cheese us this week. >> stephanie: really? what else now. speaking of what els
in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful permanent resident, one of the two told a carjacking victim thursday night they were the boston marathon bombers, a search of dzhokhar's umass dartmouth dorm room turned up a hat and jacket corne jack y suspect number 2. tsarnaev remains hospitalized at beth israel hospital with gunshot wounds to his head, neck, legs and hands, authorities believe one was sev-inflicted in -- self-inflectioned in a botched suicide attempt. >> canadian authorities announcing in connection with fbi they have broken up a terrorist plot to blow up a passenger train and bridge somewhere between toronto and u.s. border. a ballot they believe had ties to al qaeda overseas. >> the individuals were receiving support from al qaeda elements located in iran, i can tell you, this there is no information to indicate that these attacks were state sponsored. lou: the royal mounted canadian police stressing at no point during the invest visio investie public in danger. lou: we bin with the investigation of boston marathon bombin
jersey governor chris christie wants to make some of the toughest state gun laws in the country even tougher. >>> good morning from fenway park! it's monday, april 22nd, 2013! now here's "the daily rundown" with chuck todd! boston strong! woo! >> what a great way to begin what hopefully is a better week for everybody thanks to the baby giraffes, an improv group from boston. those good morning videos, you could be tomorrow's winner. let's get to my first reads of the morning. let's run through everything we've learned since friday night's arrest. federal prosecutors may file terrorism charges today against dzhokhar tsarnaev, the 19-year-old man accused of the boston marathon bombings. tsarnaev is under guard in serious but stable condition at a boston hospital with a gunshot wound to the neck. some investigators believe that wound may be the result of a suicide attempt before his arrest. he's now being questioned, but only for brief periods because of his medical condition and is responding mostly in writing because of the injury. investigators have been trying to piece together the e
, to the legal process ahead of us. with me former united states attorney general the nation's chief law enforcement officer michael mukasey who is chief judge in the southern district of new york and presided over the blind sheik trial and the jose padilla case. we heard that there will be no charges filed against the younger brother dhokhar. how long can the justice department wait to file charges? >> they can wait really as long as they like. the fact is that he -- the only down side for them is the possibility that any statement that he makes might not be able to be used at trial. but they have got so much evidence including his own confession to the person whose car he carjacked that the likelihood that they need any statement from him as evidence in the trial is remote. >> judge jeanine: and you know, judge, a lot of people have been talking about miranda and the public safety exception. i don't want to spend a lot of time on that. when the police announced that the public threat was over, once dhokhar was taken into custody, then, you know, doesn't that suggest that the public saf
in statements from some of the lawen -- lawen lawen -- law enforcement investigation agency. we will see if he was already mirandized or going to, but my thought is they are proceeding to the public safety exception. >> he could get the death penalty underfed rail law. >> but not in the state of massachusetts. they do not have the death penalty. the federal charges will trump and precede any of the state prosecution. those are what he is looking at. as an alternative life without the possibility of parole. even if he proceeded byway of the jury trial they could have that option in the penalty phase. my thoughts are he will through his representationwork d if the feds go for it, he will get life without possibility and go to florence, colorado to the supermax. >> what did you make of this announcement? from the white house podium, i would have pushed those questions to the fbi and the department of justice, but they decided to do it from the white house. >> i think the white house is there trying to figure out themselves how they handle this. they clearly -- look, let's put it this way. the fbi
combatant or enemy belligerent for purpose of evidence gathering. >> under the law of war there's no right to legal counsel when you're being questioned for national security purposes. so i hope the obama administration will allow that exception and they have a very bad track record here. >> the white house telling reporters it would try tsarnaev in federal court and no other options were considered. >> this is matter decide ode by the attend of yates and the attorney general. the whole national security team supports this decision. >> to bring it down for you, the confusion comes over the venue. there is no way under the military commissions act to try an american citizen at the military courts in guantanamo bay, but if a sed threshold of evidence was met, if there was evidence that the brothers were directed by a foreign terrorist organization that would call for enemy combatant status. >> we have been talking about the trip to russian that the older suspect took. it's my understanding you learn more about the trip. >> fox news was told that russia's equivalent othe fbi isn't a letter to
process ahead of us. with a former united states attorney general, the nation's chief law enforcement officer, michael mukasey, who was chief judge in the southern district of new york, presided over the blind sheik trial as well as the jose padilla case. good evening, judge. >> good evening, judge. >> good to have you back, judge. >> today we heard there will be no charges filed against the younger brother dzhokhar. how long can the justice department wait to file charges? >> they can wait really as long as they'd like. the fact is that he -- the only down side for them is the possibility that any statement that he makes might not be able to be used at trial. they've got so much evidence, including his own confession to the person whose car he carjacked, that the likely they need any statement from him as evidence in the trial is remote. >> right. you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken in
be communicating to law enforcement officials. and there are new questions about whether the fbi dropped the ball after being warned by the russians in 2011 about cz tsarnaev's older brother, tamer ly tamerlan. nick paton walsh is in dagestan, and we have joe johns in washington, but we began with pamela brown with the latest on the investigation. >>> after a week of terror, chaos and heartache, the city of boston is still recovering. there are signs that life is starting to return back to normal here. there is a sense of relief after the arrest of the suspect, 19-year-old dzhokhar tsarnaev. now the focus is on what charges he will face and when. >> reporter: one week after two deadly bombings exploded in downtown boston killing three and injuring 183 people, the only surviving suspect remains in serious condition. as federal prosecutors prepare to bring charges against him, law enforcement sources say dzhokhar tsarnaev is unable to talk after a gunshot wound to the neck. exactly when he suffered this injury is still unknown. >> this is a complex investigation. and it's hard to say exactly how he
questioning him since yesterday. there is some form of communication between law enforcement and the suspect we believe in writing. pamela brown is outside the hospital for us, she's joining us now. what is the latest on tsarnaev's condition? >> reporter: the latest is that he remains here at beth israel deaconess medical center in serious condition. he is still in the intensive care unit handcuffed to his bed 24/7 monitoring by law enforcement officers. we are told that he is intubated and sedated with a gunshot wound to the neck. so it appears that he is still pretty out of it. wolf. >> doctors are telling us that tsarnaev could put something -- could be getting something that's described as a sedation holiday. i know you've been checking with medical personnel over there. what does that mean? >> reporter: well, i've been talking with our medical correspondent elizabeth cohen and she tells me that essentially this means doctors can decrease the sedation for a few minutes to a few hour so is that doctors or authorities would be able to communicate with the patient. we've seen this before it
're going to get into the law of this case. dzhokhar tsarnaev was formally charged today. he'll be prosecuted through the criminal justice system despite republicans who say he should be treated as an enemy combatant. >>> later, the russian connection. we have new details about the older brother, tamerlan, and his six-month trip overseas to russia, that area, as he became increasingly more devout in his religion and radicalism. >>> here in washington, the marathon bombings have already started to change the debate on things like -- you knew this was coming -- immigration. >>> finally, life started to return to normal this weekend in boston. i was up there as the slow healing begins. this is "hardball." as we say up there, "hardball." the place for politics. [ male announcer ] you are a business pro. governor of getting it done. you know how to dance... with a deadline. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. this is awesome. [ male announcer ]
on boston bombing coming up this hour. when we return we're going to get into the law of this case. dzhokhar tsarnaev was formally charged today. he'll be prosecuted through the criminal justice system despite republicans who say he should be treated as an enemy combatant. >>> later, the russian connection. we have new details about the older brother, tamerlan, and his six-month trip overseas to russia, that area, as he became increasingly more devout in his religion and radicalism. >>> here in washington, the marathon bombings have already started to change the debate on things like -- you knew this was coming -- immigration. >>> finally, life started to return to normal this weekend in boston. i was up there as the slow healing begins. this is "hardball." as we say up there, "hardball." the place for politics. >>> as clint van zandt just mentioned here, police in canada say they foiled a terror plot up there. they arrested two men that were plotting to derail an amtrak passenger train on the canadian side of our border. the suspects have been under surveillance for a year and the canadian
and so many aspects of what we witnessed over the weekend up in boston. extraordinary work by our law enforcement authorities up there, and everybody can sleepel illy knowing that both of the suspects, one dead and the other in custody. we started out friday morning on that story and continue with that story here today with dan henning, and peter ogburn. >> hey hey hey. >> alicia cruz has the phones j. and siprion bolling has got us on camera again this morning on current tv. thank you, is siprion. so it was watching boston come back to life was exciting and they know how to do it up there, right? so they had to cancel the red sox game on friday. >> yeah. >> bill: so saturday they made at it huge celebration -- >> it was amazing how they started to celebrate on friday night when they apprehended this second suspect. it's rare that you see a genuine parade where people pour out of their houses -- as the police were leaving people were lining the streets applauding. >> bill: yeah, as they were leaving the area where the home and the boat in the back of that house and
or our laws do not allow the fbi to follow up in a sound solid way. >> reporter: while officials cyst through the details worshipers sought answers in their own way gathering at the holy cross on sunday to reflect on the terror that the city faced in the last week. the governor says there can be vigilance without fear. >> there are lessons that we will have to learn and have learned painfully through this last experience that will have to be applied to future marathons. there will be future marathons. and they will be bigger and better. >> reporter: according to a person, they are still looking at the cause of death of tamerlan tsarnaev. >> the three people killed in the explosions as well as a fallen mit police officer sun collier were rememberedberg a prayer service today. as you can see, flowers were left near the finish line. the mayor has asked americans to observe a moment of silence at 2:50 in the afternoon. that is the time that the first of the two bombs went off. >> as the focus of the boston bombings turns to the legal aspect, one california senator is voicing her opinion f
. we are flying without instruments and visibility is very poor. however, according to law enforcement on friday morning as we prepare this program, the suspects her brother. the 19-year-old and a 20 six road. they reportedly came from a region near chechnya. the 19-year-old, dzhokhar tsarnaev, lived in cambridge. he had a scholarship toward college a couple of years ago. his brother, tamerlan tsarnaev, died after a firefight with police friday morning. he was worn in russia and became a legal resident in 2007. the prayer -- the brothers are believed to have entered the country 10 years ago. the associated press spoke to the father. he said i son is an angel. he said he is an intelligent boy. confirms the worst fears of those responsible for national security. there are enemies among us. >> i agree. a moreard to imagine more american place to hit in this vicious and cowardly act. i think the political implications of it are immediate. there will be a great resistance to immigration reform. i think it is a blow there. beyond that, it is a reminder that since september 11, there has not
them legally but only reason we say that is because massachusetts has very strict gun laws and in order to possess a gun you have to be licensed for it and there's no record according to the authorities that the older brother, who i think would be the only one who would qualify to have a gun license actually had one. so they seem to be in possession of them illegally but where they got them, how they got them, this is an important question and we're waiting to find that out and they are checking that out as well. >> in your reporting you also had the opportunity to e-mail with the man that police say was carjacked by the brothers. what is this person saying and did the conversation reveal any new light about the suspect's state of mind just hours before this manhunt came to an end? >> i asked him several questions and he chose to answer only one which was to sort out these conflicting details about whether they let him go or he escaped. he said i escaped. he described them as cautious but brutal. separately in a police investigation, he's the one who called 911 as soon as they let him o
. in serious but stable condition. but law enforcement officials say he is responding to some questions in writing. they especially want to know if there is an imminent threat out there from others he may have worked with or from unexploded bombs. all day, we've been watching these riveting images behind me. this is infrared video shot from a helicopter. it shows stun grenades lobbed into the boat where the suspect was hiding right before he was taken. martha raddatz has the story. >> reporter: the video images show the dramatic end to the manhunt more clearly than anything we have seen. the police helicopter hovers in the darkness, holding steady. the natural heat from the suspect's body, making a near-perfect outline through thermal imaging, despite t tarp that covers him. he is lying on his back. his head to the right, feet to the left. then, a flash, a bang. police toss a stun grenade, meant to confuse the suspect. then, another. followed by a third. and then, watch. at first, motionless. we see for the first time video as the 19-year-old raises his head, his upper body. >> quite a
wish to do us harm are not eligible for benefits under the immigration laws including this new bill before us? host: we should point out that was before it dzhokhar tsarnaev was captured. he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of civil liberties saying you have cases where -- you have the same two senators, john mccain and lindsey graham, who said this person is a terrorist and should not have miranda rights. it seems the obama administration is going to be straddling the middle ground, as they did with the so-called underwear bomber from a few years ago. host: "national journal" reporting the headline, "pete williams' reporting philosophy d y was g boon sighttory r guest: i would have to say that pete williams is the best i have ever come across, so measured and sofer. is amazing he was able to be showcased the way he was. this was a comp
the decision and, of course, i'm not second-guessing anybody. i did talk to a law enforcement officer over the weekend who, first of all, said, you know, it would have been much better for us all if this had been plotted out of a cave in afghanistan instead of, you know, an apartment in cambridge. >> one among us. >> yeah, one among us. but also he was saying not so sure about them shutting down the entire city and the message that that sends. you talk about copycats. the copycat said if i do something particularly heinous, i can hold an entire city hostage. >> one of the purposes of terrorists is to disrupt and forcing a city shut down and the rest, she used that end in addition to killing and injurying that you do. one of the reasons -- i don't want to second-guess the tactical decision to lock down boston. but i don't think this is something that if you will a scaleable or sustainable. >> no, we can't do this. >> imagine these guys hadn't been captured and all that. >> after what happened to the boston marathon in an internationally visible way. we were covering this all morning long. i
for these kinds of maller level ied type attacks, the government will have to refocus. i would add that local law enforcement and responders are very focused on this kind of thing, though. we've got systems in a lot of major cities where the security cameras used for traffic, for example, can also be used to protect them. >> while they're giving us speeding tickets -- >> right. >> neil: scott, thank you very much. 19-year-old dzhokar tsarnaev has reportedly addressed some questions from authorities who have visited him at hit -- his hospital room in boston. we don't know for sure or how he conveyed it, but we do know the government does not think they were part of a grander conspiracy. but how shoe can they be and what if anything has suspect number two already revealed that makes them so sure? let's ask former fbi profiler mary ellen o'toole. what do you think? what could he be signaling if he signals anything that could make at least the local authorities suspect it's just the two brothers? >> well, during the interview, as much as he is providing information, he could be explaining that it was
that sort of final fall on to the ground and that's where law enforcement sources basically handcuffed him and put him in the ambulance that took him to the hospital. so he is communicating with them, he is allowed to nod. he is just allowed to nod to investigators when they're asking him questions. they're waiting for him to increasingly become more aware and get out of that sedation so that they can talk to him at greater lengths, anderson. >> and, don lemon, you've got information about who's questioning the suspect. >> yeah, i certainly do. to add to what debra said who's questioning the suspect, it's a group called the high value detainee interrogation group. and this group was established seven or eight years ago it was after the capture of saddam hussein and the interrogation of saddam hussein. and what homeland security realized then is they needed one specific group with global knowledge of terrorism, international knowledge of terrorism, to go in to question these high-value detainees rather than a local person who has knowledge of the local area, local municipalities but didn't
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